HomeMy WebLinkAbout2008 11-10 CCM Regular Session
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
NOVEMBER 10, 2008
CITY HALL – COUNCIL CHAMBERS
1. INFORMAL OPEN FORUM WITH CITY COUNCIL
CALL TO ORDER INFORMAL OPEN FORUM
The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim
Willson at 6:45 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers Kay Lasman, Mary O’Connor, Dan Ryan, and Mark
Yelich. Also present were City Manager Curt Boganey, Director of Fiscal & Support Services Dan
Jordet, Public Works Director/City Engineer Steve Lillehaug, Community Development Director
Gary Eitel, Community Development Specialist Tom Bublitz, Assistant to the City Manager Vickie
Schleuning, and Carol Hamer, TimeSaver Off Site Secretarial, Inc.
Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum.
No one wished to address the City Council.
Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open
Forum at 6:46 p.m.
Motion passed unanimously.
2. INVOCATION
–None.
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at
7:00 p.m.
4. ROLL CALL
Mayor Tim Willson and Councilmembers Kay Lasman, Mary O’Connor, Dan Ryan, and Mark
Yelich. Also present were City Manager Curt Boganey, Director of Fiscal & Support Services Dan
Jordet, Public Works Director/City Engineer Steve Lillehaug, Community Development Director
Gary Eitel, Community Development Specialist Tom Bublitz, Assistant to the City Manager Vickie
Schleuning, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc.
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
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6. COUNCIL REPORT
Councilmember Ryan: No report
Councilmember Lasman thanked the citizens that voted and stated she is looking forward to serving
for another four years.
Councilmember Yelich: No report
Councilmember O’Connor: No report
Mayor Willson thanked staff for showing City Hall to the Cub Scout pack that was present last
week.
7. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Lasman moved and Councilmember Yelich seconded to approve the Agenda and
Consent Agenda, as amended, with the removal of Item No. 7e from the Consent Agenda to Council
Consideration Item No. 11e, and the addition of Council Consideration Item No. 11f: Resolution
Amending Resolution No. 2008-120 Regarding Canvass of November 4, 2008, Municipal General
Election and Special Election, and the following consent items were approved:
7a. APPROVAL OF MINUTES
1. October 20, 2008 – Joint Work Session with Financial Commission
2. October 27, 2008 – Study Session
3. October 27, 2008 – Regular Session
4. October 27, 2008 – Work Session
7b. LICENSES
GASOLINE SERVICE STATION
th
Two Rivers Investment, Inc. 1525 120 Lane NE, Blaine
MECHANICAL
rd
Signminds Inc. 1050 33 Ave SE, Minneapolis
RENTAL
INITIAL
5956 Beard Ave N Ann Cook
5150 Drew Ave N Chao Yang
6936 Ewing Ave N Nathan Gerard
5300 France Ave N Mounira Adam
7101 France Ave N Luanne Carlson
5640 Fremont Ave N Doug Wahl
4953 Zenith Ave N Jerry Rath
RENEWAL
5233 Drew Ave N James & Joan Bagwell
6843 Dupont Ave N Linh Nguyen
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6809 Fremont Place N Terry Hartmann
5737 Halifax Ave N Kendall Burke
3319 Mumford Rd William Coleman
7111 Riverdale Rd Allan & Vicki Olson
TOBACCO RELATED PRODUCT
th
Two Rivers Investment, Inc. 1525 120 Lane NE, Blaine
7c. Application and Permit for Temporary On-Sale Liquor License Submitted By
the Church of St. Alphonsus, 7025 Halifax Avenue North, for an Event to be
Held January 24, 2009, Replacing the February 21, 2009, Event Date
7d. Approval of Site Performance Guarantee Release for 4821 – 23 Twin Lake
Avenue North
7e. Resolution Increasing Petty Cash at BC Liquor
This item was moved to Council Consideration Item No. 11e.
Motion passed unanimously.
8.PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
–None.
9. PUBLIC HEARING
9a. ORDINANCE NO. 2008-10 AMENDING CHAPTER 19 OF THE CITY CODE OF
ORDINANCES; ADDING NEW SECTIONS RELATING TO THE ABATEMENT OF
GRAFFITI
Mr. Boganey introduced the item and discussed the history of the proposed ordinance. Ms.
Schleuning provided a brief overview of the proposed ordinance and answered questions of the City
Council.
There was discussion on Section 19-3003, specifically in relation to repeat violations. Ms.
Schleuning explained as stated in the ordinance, if a property is subject to three or more occurrences
of graffiti within a year, application of anti-graffiti material of a type and nature that is acceptable to
the City may be required. She explained in most cases if there is graffiti on a long term basis the
Police Department will work with the property owner to ensure that they provide some type of
prevention. There are several different things that could be considered long term solutions depending
on the situation.
Councilmember Yelich moved and Councilmember Ryan seconded to open the Public Hearing.
Motion passed unanimously.
Mr. Chris Carlson, 7000 Halifax Avenue N., stated he lives directly across the street to the east from
St. Alphonsus Church. There is a municipal sidewalk on the north side of his property line, and he
has about 90 feet of a six foot tall wooden fence for privacy along that sidewalk. In the last three
years the fence has been tagged at least seven times, maybe as many as ten times. Mr. Carlson stated
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his concerns regarding graffiti that has occurred on the fence, beginning in 2006. He stated he was
told by the police that they were probably not going to be able to catch anyone in the act. In addition,
he did not always receive an officer response when reporting the graffiti. He stated the fence was
tagged at least four or five times this summer. He has been forced to sand off a large portion of the
fence to remove the graffiti which detracts from the appearance of the fence and will eventually
detract from the resale value unless he replaces the fence. Mr. Carlson stated as far as he knows there
have been no attempts made by the Police Department to monitor this particular area or increase
officer patrols in the neighborhood. It is easy to question the effectiveness of the Police Department
in the investigation of this problem, especially since the police believe that tagging is associated with
criminal activity, and sometimes violent crimes. Mr. Carlson stated he is here tonight because he is
worried about the potential of the fines or special assessments that may be levied on private citizens
in Brooklyn Center. He stated it is unfortunate that the citizens are facing potential financial
penalties directly related to the criminal acts of other people. He stated the ordinance does not
address the problem.
The Council reviewed pictures of graffiti on Mr. Carlson’s fence at various times in the last three
years.
Councilmember Lasman moved and Councilmember O’Connor seconded to close the Public
Hearing.
Motion passed unanimously.
Councilmember Lasman stated she is sensitive to what Mr. Carlson had to say. She stated her
position that the ordinance is a better action than inaction, that it would not be in the City’s best
interest not to have a vehicle that requires clean up of the graffiti, and that the ordinance will be a
useful tool in prohibiting this type of activity. She pointed out there is a lot of data on cleanup
discouraging further tagging, and that now that this has been brought to the Council’s attention they
need to be sure that the City is monitoring the areas that are frequently hit.
Councilmember Lasman moved and Councilmember Yelich seconded to adopt ORDINANCE NO.
2008-10 Amending Chapter 19 of the City Code of Ordinances; Adding New Sections Relating to
the Abatement of Graffiti.
Councilmember O’Connor stated her position that the burden should not be put on the property
owner, rather than the person who committed the crime. She stated her concern with the following
verbiage included Section 19-3005(2): When the property is occupied, service upon the occupant is
deemed service upon the owner. Councilmember O’Connor expressed concern that if notice is given
to a renter that is not passed to the property owner the owner could be fined or assessed. She stated
her opposition to the proposed ordinance.
Councilmember Yelich stated he is empathetic with Mr. Carlson. He asked Mr. Boganey what the
City’s response would be to a resident like Mr. Carlson in relation to this ordinance. Mr. Boganey
stated the City would not go on a property to abate the nuisance and charge the property owner
without giving the owner every opportunity to take care of the problem. If graffiti exists the
ordinance would require the City to take action. That action would be to notify the property owner
and request that the graffiti be removed, and to work with the property owner to make sure that
happens. He stated finding the perpetrators of these types of activities is not easy, but the Police
Department is working on identifying individuals that they believe could be the perpetrators of these
actions in cooperation with police departments of other cities. In addition, one of the features of this
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ordinance is that it specifically states if the graffiti is applied by a person under 18, the parents or
legal guardians will also be responsible for removal or payment of the cost for removal. Staff
believes that speaks towards deterrence.
Councilmember Yelich noted there appears to be a broken streetlight in one of the pictures of Mr.
Carlson’s fence. He suggested the graffiti problem could be minimized by the Police Department
bringing this type of situation to the attention of the Public Works Department or utility company.
Mr. Boganey concurred. He stated every situation is unique, and with repeat violations the goal is to
come up with a way to reduce the likelihood of graffiti occurring.
Councilmember Yelich stated his support of the proposed ordinance as a base level enforcement
tool.
Mayor Willson stated he understands Mr. Carlson’s concerns with this particular issue. He pointed
out that there are individuals that have come forward to have the City look at an ordinance to
strengthen what is done with the graffiti situation. It is understood from the PERF Study that tagging
is gang related, and that if the tagging is left unabated the case can be made for severe cases of
escalated gang activity as those gangs mark their area. He stated his support of the proposed
ordinance.
Mr. LeFevere advised that while this kind of ordinance seems to have the effect of punishing the
victim, what the ordinance states is that once the graffiti occurs it is a public nuisance, and the
landowner is responsible to do something about it. This is not unusual; the same type of
responsibility is true if a vandal knocks out the windows of a house, dumps garbage on a lawn,
knocks the taillights out of a car, etc. The penalties that seem to trouble everyone do not arise when
the landowner becomes the victim; they arise if the landowner does not take care of the problem.
Councilmember O’Connor moved and Councilmember Yelich seconded to amend the proposed
ordinance as follows: Section 19-3005(2): “…Whenever it is determined that a public nuisance is
being maintained or exists on a property, the City Manager must give seven (7) days’ written notice
through service by mail, by posting a notice on the property, or by personal delivery to the owner or
responsible party of the property on which the public nuisance is located. When the property is
occupied, service upon the occupant is deemed service upon the owner. Where the property is
unoccupied…”
Mr. LeFevere advised that the proposed ordinance comes from staff’s continuing frustration in
getting the process started and finding someone to serve notice on. It is staff’s practice to send notice
to anyone they can find because they want the problem to be corrected. There are properties in
foreclosure, banks, absentee landlords, etc., and it may be in some cases that notifying the tenant is
not much more or less likely to result in notice to the actual owner than posting the property is. He
believes staff will notify everyone they can find, and if that party is only the occupant, they can
prove they have served notice on the occupant and have legal basis to proceed with the abatement.
He stated the landlord can include in his contractual relationship with the tenant an obligation that
the tenant notify the landlord of any such notifications. It is not ideal, but sometimes in the absence
of this type of notice provision, the City is paralyzed and cannot proceed or give notice to anyone,
and there is not due process without notice. This becomes the responsibility of a landowner; the
owner needs to be sure their tax records are up to date so they receive mailed notifications.
Mayor Willson and Councilmembers Ryan, Lasman, and Yelich voted against the same. Motion on
amendment failed.
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Councilmember Ryan stated his support of the proposed ordinance as an additional tool for the City.
He noted the City Manager has commented on the responsibility to potential youth offenders and the
City Attorney has commented on the functional purpose of the notification to occupants. The
ordinance has been discussed thoroughly at work session and at the first reading.
Councilmember O’Connor voted against the same. Motion passed.
9b. ORDINANCE NO. 2008-11 AMENDING CHAPTER 12 OF THE CITY CODE OF
ORDINANCES; ADDING NEW SECTIONS RELATING TO THE REGISTRATION
AND REGULATION OF VACANT BUILDINGS
Mr. Boganey introduced the item and discussed the history of the proposed ordinance. Ms.
Schleuning provided a brief overview of the proposed ordinance and answered questions of the City
Council in relation to the annual registration fee. She indicated the fee schedule will be presented to
Council at a later date.
There was considerable discussion on Section 12-1504(2)(d). Councilmember O’Connor expressed
concern regarding the provision for demolition of properties that are vacant for more than 365 days
without an approved property plan. She stated concern that property where homes are demolished
will become less valuable which the rest of the citizens will pay more property taxes to make up for.
It was noted that the Council has been strong on the redevelopment issue and that there will be some
demolition of houses when dealing with the issue of vacant houses and blight. It was stressed that
according to the ordinance the compliance official may approve an alternative schedule in the
property plan, and that the ordinance allows room for a plan and the property remaining viable. It
was noted that staff has identified approximately 15 properties that would be good options for
demolition; which is a small percentage of the approximate 200 identified vacant properties in the
City. It was noted that this ordinance also applies to commercial vacant property.
Mr. Boganey clarified that only in cases where vacant properties are not registered and maintained
and the property owner fails to keep the property from becoming a nuisance or risk to the general
public, or where it is apparent that the property cannot be substantially repaired, would staff be
looking at demolition. The objective is not to demolish 200 vacant homes, but to preserve as many
of those homes as possible.
Councilmember Yelich moved and Councilmember Lasman seconded to open the Public Hearing.
Motion passed unanimously.
Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing.
Motion passed unanimously.
Councilmember Lasman moved and Councilmember Ryan seconded to adopt ORDINANCE NO.
2008-11 Amending Chapter 12 of the City Code of Ordinances; Adding New Sections Relating to
the Registration and Regulation of Vacant Buildings.
There was discussion on the vacant commercial property located in the Opportunity Site and the
vacant Fuddruckers restaurant. Councilmember O’Connor expressed concern with the possibility of
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the commercial buildings being demolished. It was noted that the goal of the ordinance is that the
properties be maintained, and that this would not be a problem with the subject buildings.
Mr. LeFevere advised that in regards to the subject properties, a strip mall with some of the units not
being leased out would not be considered vacant. In the case of Fuddruckers, the proposed ordinance
obligates the owner of a vacant building to take steps to ensure that it is not a nuisance; only when a
plan has not been submitted and approved by the building official does the demolition provision
come into play. Fuddruckers or any other property is not in danger of a demolition process unless
they fail to register and submit a plan that satisfactorily addresses those potential nuisance
conditions. He advised that the City would be foolish to demolish property without being sure they
are very comfortable that the landowner had been given every element of due process so that the
City does not wind up paying for that building.
Councilmember O’Connor voted against the same. Motion passed.
9c. ORDINANCE NO. 2008-12 AMENDING CERTAIN SECTIONS OF CHAPTER 12
RELATING TO INSPECTIONS AND NOTIFICATION
Mr. Boganey introduced the item and stated the history of the proposed ordinance.
Councilmember Yelich moved and Councilmember O’Connor seconded to open the public hearing.
Motion passed unanimously.
Councilmember Lasman moved and Councilmember Ryan seconded to close the public hearing.
Motion passed unanimously.
Councilmember Lasman moved and Councilmember Yelich seconded to adopt ORDINANCE NO.
2008-12 Amending Certain Sections of Chapter 12 Relating to Inspections and Notification.
Councilmember O’Connor voted against the same. Motion passed.
10. PLANNING COMMISSION ITEMS
–None.
11. COUNCIL CONSIDERATION ITEMS
11a. AMEND 2008 CITY COUNCIL MEETING SCHEDULE
Mayor Willson stated the purpose of the amendment to the 2008 City Council meeting schedule to
set a special session to conduct the City Manager Performance Review.
Councilmember Lasman moved and Councilmember Ryan seconded to amend the 2008 City
Council meeting schedule and set date and time for a Special Session for Friday, November 14,
2008, at 6:00 p.m. in the All America Conference Room, City Hall.
Motion passed unanimously.
11b. RESOLUTION NO. 2008-121 PROVIDING FOR THE COMPETITIVE
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NEGOTIATED SALE OF $2,390,000 GENERAL OBLIGATION IMPROVEMENT
BONDS, SERIES 2008B
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
There was discussion on the estimated interest rate of 4.75%. Mr. Boganey stated the actual interest
rate will be known once the sale is negotiated and will come back to the Council for approval.
Councilmember O’Connor expressed concern with the cost in interest and fees associated with the
bond sale. She stated her position that the government should stop borrowing money and should pay
for things as they go.
Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2008-122 Providing for the Competitive Negotiated Sale of $2,390,000 General Obligation
Improvement Bonds, Series 2008B.
Mr. Boganey explained that the bonds will reimburse the City for costs incurred for projects
completed in 2007 and 2008. The proceeds from the bond sales will allow replenishment of funds
that will be available to cover the cost of future projects. The method historically has been that the
City fronts these cost in advance and reimburses itself through bond proceeds.
Councilmember O’Connor voted against the same. Motion passed.
11c. RESOLUTION NO. 2008-122 ACCEPTING WORK PERFORMED AND
AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2007-17,
CONTRACT 2007-I, KYLAWN PARK IMPROVEMENTS
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2008-123 Accepting Work Performed and Authorizing Final Payment, Improvement Project
No. 2007-17, Contract 2007-I, Kylawn Park Improvements.
Motion passed unanimously.
11d. RESOLUTION NO. 2008-123 AUTHORIZING THE CITY OF BROOKLYN
CENTER’S ADOPTION OF 2008 MINNESOTA SESSION LAW CHAPTER 366,
ARTICLE 6, SECTION 48; PARTICIPATION IN CRIME FREE MULTI-HOUSING
PROGRAM FOR PROPERTIES CLASSIFIED AS 4d
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
Commander Benner provided a brief presentation on the Crime Free Multi-Housing (CFMH)
Program.
Councilmember Yelich moved and Councilmember Ryan seconded to approve RESOLUTION NO.
2008-124 Authorizing the City of Brooklyn Center’s Adoption of 2008 Minnesota Session Law
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Chapter 366, Article 6, Section 48; Participation in Crime Free Multi-Housing Program for
Properties Classified as 4d.
Commander Benner answered questions of the City Council regarding the CFMH Program in
relation to the requirement for an annual meeting to involve the residents. He stated if the residents
choose not to attend it does not penalize the management.
Councilmember O’Connor questioned why some rental properties that house low income tenants
receive such a low property tax. She expressed concern with the costs that will be incurred by the
City to keep track how much crime is occurring and to help the State ensure that these landlords are
running good apartments.
Representative Debra Hilstrom addressed the City Council and explained that the State set a policy
that would lower the tax rate for affordable housing. This program is a tool to allow the City to take
away the tax preferred status if the property owners are abusing that privilege.
Councilmember O’Connor voted against the same. Motion passed.
11e. RESOLUTION NO. 2008-124 INCREASING PETTY CASH AT BC LIQUOR
Councilmember O’Connor inquired about the petty cash procedure and expressed concern regarding
the petty cash increase from $5,700 to $10,700, as well as the possibility of theft from employees.
Mr. Boganey explained that the purpose of the petty cash system is to be sure that there is sufficient
cash to make change at the beginning of each operating day. There are safes at each of the stores.
The safes are not accessible except to a limited number of employees, and there are cameras that run
seven days per week, 24 hours per day at the location of the safes.
Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2008-121 Increasing Petty Cash at BC Liquor.
Motion passed unanimously.
11f. RESOLUTION NO. 2008-125 AMENDING RESOLUTION NO. 2008-120
REGARDING CANVASS OF NOVEMBER 4, 2008, MUNICIPAL GENERAL
ELECTION AND SPECIAL ELECTION
Mayor Willson stated the purpose of the proposed resolution.
Councilmember Ryan moved and Councilmember Yelich seconded to adopt RESOLUTION NO.
2008-125 Amending Resolution No. 2008-120 Regarding Canvass of November 4, 2008, Municipal
General Election and Special Election.
Motion passed unanimously.
AGENDA ITEMS TABLED: AN ORDINACE RELATING TO ADMINISTRATIVE FINES;
ADDING A NEW SECTION 12.13 TO THE BROOKLYN CENTER CITY CHARTER
Councilmember Lasman moved and Councilmember Ryan seconded to remove from the table an
Ordinance Related to Administrative Fines; Adding a New Section 12.13 to the Brooklyn Center
City Charter.
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Motion passed unanimously.
Councilmember Lasman moved and Councilmember Ryan seconded to rescind the City Council
Action to Approve the First Reading of an Ordinance Relating to Administrative Fines; Adding a
New Section 12.13 to the Brooklyn Center City Charter.
Motion passed unanimously.
12. ADJOURNMENT
Councilmember Lasman moved and Councilmember O’Connor seconded adjournment of the City
Council meeting at 8:40 p.m.
Motion passed unanimously.
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STATE OF MINNESOTA)
COUNTY OF HENNEPIN) ss. Certification of Minutes
CITY OF BROOKLYN CENTER)
1
1
The undersigned, being the duly qualified and appointed City Clerk of the City of
Brooklyn Center, Minnesota, certifies:
1. That attached hereto is a full, true, and complete transcript of the minutes of a
Regular Session of the City Council of the City of Brooklyn Center held on
November 10, 2008.
2. That said meeting was held pursuant to due call and notice thereof and was duly
held at Brooklyn Center City Hall.
3. That the City Council adopted said minutes at its November 24, 2008, Regular
Session.
~.'YW L f1f I j 0.
City Clerk
Mayor
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